Privacy question

Gennaver, MSN · Apr 3, 2007

Hello,
My spouse is currently hospitalized for a condition that is very private in nature. He had asked that NO ONE be told that he was there, in particular his family that he has a very strained relationship with. Well, he received calls today from his family, at the hospital, checking in on him:angryfire ! One of the nurses is friends with his sibling and told them. What should we do??
TL

Oh,

I say report this violation.

I am projecting because I also had a HIPPA violation and chose to not do a thing about it, it bugs me even years later.

My situation was that the billing clerk where I was a patient and worked happened to be best friends with a woman who was also a patient.

Unbeknownst to me, it was the friend that my ex-husband had dated before he and I married but had broken up, temporarily.

Seems that he dropped her when he and I got back together, eventually to marry and....long story short, this coworker knew him from the hospital where she used to work, with the friend.

Soooo, not only did the former girlfriend get ALLL my information from the billing clerk from my chart but, once the clerk actually gave me the phone, with the former "other" woman on there!

HIPPA violations and outright gossip and trouble like that really deserve a reprimand. Your husband's trust was violated, report the nurse.

Gen

edit to add: oh yeah, this billing clerk, aka friend to the other woman, was not really a very good friend to her either, I mean who would invite their friend to come to work to get a "look" at the wife of the man who she was the "other woman" with...? violation, violation, violation...just because someone has access to information does not give them the right to interfere and share it, your husband's trust and information were violated, report it up the line...

hospitalstaph · Apr 3, 2007

It's great that you told the nurse's superior, but you need to take it further. Her superior could try and bury the situation which wouldn't be right, but not everyone does the right thing. You l need to file an official complaint with the hospital. Call Human Resources right now and they will direct you. This nurse could very well be fired.
I am so sorry your husband is upset. I really feel for him.

Thanks:) I did report it to the compliance officer for the hospital and she visited with my husband this afternoon. She basically said that his family could have found out just from calling the hospital so there is really not much to do. He pointed out to her that his family would have no reason to call the hospital had they not been told that he was there. She said they would look at the computers to see who had accessed his records (although this doesn't seem to be the issue) and would make sure that she talked to anyone that accessed his records that did not need to. She suggested that next time he have his name "blacked off" of the census. Great idea, but I am not sure how this helps since the nurse that spilled the info already knows that he is not close to his family and yet told them anyway.

This makes me so mad. However, I guess this a good example to share with others that act like I am going overboard when I am protecting my patients privacy.

Thanks everyone!!

TL

Cattitude · Apr 3, 2007

Thanks:) I did report it to the compliance officer for the hospital and she visited with my husband this afternoon. She basically said that his family could have found out just from calling the hospital so there is really not much to do. He pointed out to her that his family would have no reason to call the hospital had they not been told that he was there. She said they would look at the computers to see who had accessed his records (although this doesn't seem to be the issue) and would make sure that she talked to anyone that accessed his records that did not need to. She suggested that next time he have his name "blacked off" of the census. Great idea, but I am not sure how this helps since the nurse that spilled the info already knows that he is not close to his family and yet told them anyway.
This makes me so mad. However, I guess this a good example to share with others that act like I am going overboard when I am protecting my patients privacy.
Thanks everyone!!
TL

I don't find the response by that compliance officer acceptable. Like you said, his family would not have known to call the hospital. It seems they are trying to "shush" you and that's just wrong.

What they SHOULD have done is apologize profusely instead of trying to defend their position.

Batman24 · Apr 3, 2007

They are feeding you a bilg ole pile of crap.

There is no way his family would have known he was in the hospital due to their estrangement. Did his family tell you that the nurse called him and that is how they knew?! Find out what time she called and whether she called them from a work phone and then have them pull the records. If she called them from home share that info with the compliance officer. Give them as much info as you can so it becomes a more concrete complaint.

I would also get this compliance officer's boss involved along with the head of the hospital. Follow up all of this in writing with everyone you have spoken with and start a log immediately. Accessing records and/or calling a patient's family as she did are both grounds for firing. A lawyer would also be interested as this is a case that looks to be easily proven.

jmgrn65, RN · Apr 3, 2007

I see your point, however, his family did not call the hospital to inquire if he was a patient, they were called by the nurse and told that he was there and given his room number.
The way that I have always understood HIPAA, I am not allowed to disclose the presence of a person in the hospital to anyone, other than those involved in their care. So, if a friend's adult son came through the ER, I cannot tell my friend that their son was there, correct?
TL

not quite, if you have joe patient. His friend calls you can say yes and condition such as stable and that is it. but if joe paitent says when he is admitted (to the regist. person) I don't want anyone to know I am here. then if anyone calls you have to say "I can't confirm or deny..." Otherwise you can give condition of patient to anyone that calls.

meownsmile, BSN, RN · Apr 3, 2007

Uhmm, this is exactly what HIPPA was designed for. This exact type of incident is what the FINES are passed out for. Ive seen it happen. If it is a real concern for your husband and his family have intruded on his privacy, and you are very committed to see action hire a lawyer. I have seen very high fines paid because of situations exactly like this.

But remember once the ball starts rolling it doesnt stop till it hits the bottom of the hill. Think very carefully about how you might want to handle this because if it does go to the fine and court phase it stops being a private issue. The press will be all over it.

hospitalstaph · Apr 3, 2007

not quite, if you have joe patient. His friend calls you can say yes and condition such as stable and that is it. but if joe paitent says when he is admitted (to the regist. person) I don't want anyone to know I am here. then if anyone calls you have to say "I can't confirm or deny..." Otherwise you can give condition of patient to anyone that calls.

Sorry, I guess I was not clear. I cannot call a friend and tell her that I cared for her adult son in the ER last night, correct? That is how I always understood it.

TL

Cattitude · Apr 4, 2007

.
I would also get this compliance officer's boss involved along with the head of the hospital. Follow up all of this in writing with everyone you have spoken with and start a log immedicately. Accessing records and/or calling a patient's family as she did are both grounds for firing. A lawyer would also be interested as this is a case that looks to be easily proven.

Good advice. The OP should definitely move things up the chain of command. The compliance twerp is probably betting you will not push this further.

Uhmm, this is exactly what HIPPA was designed for. This exact type of incident is what the FINES are passed out for. Ive seen it happen. If it is a real concern for your husband and his family have intruded on his privacy, and you are very committed to see action hire a lawyer. I have seen very high fines paid because of situations exactly like this.
But remember once the ball starts rolling it doesnt stop till it hits the bottom of the hill. Think very carefully about how you might want to handle this because if it does go to the fine and court phase it stops being a private issue. The press will be all over it.

True that it will become a matter of public record but I don't think the "press will be all over it" as a matter of speaking. Unless the OP lives in a really small town where there is absolutely no other news I can't see a small civil suit making headlines;) . I doubt it would even need to go that far.

As far as the OP, what would you and your husband want done? Do you want the nurse punished? Do you just want an apology? Or do you want some sort of monetary compensation?

HeartsOpenWide, RN · Apr 4, 2007

When I first graduated high school I worked in a hotel. Even there we were not allow to tell if a person was staying in our hotel or not......So, if I go to Planned Parent Hood as a teenager to get birth control and my parents suspect so and call to find out, its ok to say that I am there, just not what I am doing or getting there??

It is a HIPPA violation to give ANY information on a client. This was not an emergency situation where an immediate family member needed to come to the ER to see their possibly dying son...the nurse should have let HIM or his wife call family members or ASK/offer to make calls for him......

TazziRN, RN · Apr 4, 2007

If someone calls and says, "Is Santa E. Clause a pt in your hospital?" he can be told "Yes sir, he is." That's it.

However, if a pt specifically requested that NO ONE be told he is in the hospital, then he should not have been getting phone calls. The nurse should have immediately hidden his presence on the census.

Definitely this needs to be taken farther. Call pt relations as well as administration.

Gennaver, MSN · Apr 4, 2007

Thanks:) I did report it to the compliance officer for the hospital and she visited with my husband this afternoon. She basically said that his family could have found out just from calling the hospital so there is really not much to do. He pointed out to her that his family would have no reason to call the hospital had they not been told that he was there. ...
TL

Hi,

Sounds like they are distracting and diverting the issue.

I mean, how many hospitals are there and generally how often do folks just "randomly" call a hospital to see if someone is there?

I would take it further and...hey, how DO you really know who went to talk to him? I'd call the administration directly.

Gen

hospitalstaph · Apr 4, 2007

Good advice. The OP should definitely move things up the chain of command. The compliance twerp is probably betting you will not push this further.
True that it will become a matter of public record but I don't think the "press will be all over it" as a matter of speaking. Unless the OP lives in a really small town where there is absolutely no other news I can't see a small civil suit making headlines;) . I doubt it would even need to go that far.
As far as the OP, what would you and your husband want done? Do you want the nurse punished? Do you just want an apology? Or do you want some sort of monetary compensation?

We are NOT looking for monetary compensation. I would like to see the nurse punished and an apology.

TL